1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-32 of 2011 registered with D.C.B. Police Station, Ahmedabad for the offences Under Sections 406, 420, 467, 468, 471, 120(B) of the Indian Penal Code and under Section 12(A) of the Indian Passport Act.
2. Heard Mr.Gorang Patel, learned advocate appearing for Mr.Amin, for the applicant. He has read contents of the FIR and contended that the applicant has been falsely named in the complaint. The applicant's father wished his daughter to go to Canada for further study and for that reason applicant's father handed over applicant's original passport and other documents to agent Amrutbhai Desai and after handing over the original passport and other documents to agent Amrutbhai Desai applicant was totally unaware about the process done by the agent Amrutbhai Desai to get visa. He has contended that the applicant is lady and she is in jail for long period. He has contended that the applicant will be available at the time of trial and she will not temper with the evidence. He has prayed that the applicant may be released on bail.
3. Heard Mr. H.L.Jani, learned APP for the respondent State. Mr.Jani has vehemently opposed the present application. He has contended that this is a serious offence.
4. In the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicant, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
5. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-32 of 2011 registered with D.C.B. Police Station, Ahmedabad for the offence alleged against her in this Application on her executing a Bond of Rs.10,000/- (Rupees ten thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she shall-
a) not take undue advantage of her liberty or abuse her liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of her residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender her passport, if any, to the lower Court within a week.
6. If the breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
7. Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
8. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top